2. Forest Rights :
Forest Rights means the forest rights referred to in
section-3 of the Forest Rights Act.
Forest Land :
Means land of any description falling within any
forest area and includes unclassified forests, un-
demarcated forests, existing or deemed forests,
protected forests, reserved forests, sanctuaries
and National parks.
4. Notwithstanding anything contained in the Forest (Conservation) Act,1980, the
Central Government shall provide for diversion of forest land for the following
facilities managed by the government which involve felling of trees not exceeding
seventy-five trees per hectare, namely :-
a) schools;
b) dispensary or hospital;
c) anganwadis;
d) fair price shops;
e) electric and telecommunication lines;
f) tanks and other minor water bodies;
g) drinking water supply and water pipelines;
h) water or rain water harvesting structures;
i) minor irrigation canals;
j) non-conventional source of energy;
k) skill up-gradation or vocational training centeres;
l) roads; and
m) community centeres :
5. 1) Forest land to be diverted for the
purposes mentioned is less than
1 ha. in each case.
2) The clearance of such
developmental projects shall be
subjected to the condition that
the same is recommended by the
Gram Sabha (a quorum of 50% of
the member of Gram Sabha
should be present).
6. User Agency :
Means a Department of the
Central or State Government
or a District Panchayat making
a request for diversion of
forest land for developmental
projects managed by the
Government as specified in
sub-sectioin (2) of Section-3 of
the Act.
7. Submission of Proposal by User Agency :
Every User Agency, that wants to use any forest land for
any developmental project, specified in Section-3(2) of
the Act, shall make a proposal in the appropriate form
appended, i.e. Form-A, and place it before the general
assembly of the concerned Gram Sabha for adopting a
resolution to that effect and submit the Form-A with
Gram Sabha resolution and a location map of the project
in scale 1:50000, before the Range Officer. He will
intimate no. of trees to be felled and justification for
locating the project in proposed forest land.
8.
9. In order to translate the spirit of the Act,
Government of Odisha recognised “Palli Sabha”
as “Gram Sabha” for the purpose of this Act.
Besides, all forest villages, habitations or
settlements located inside the forest land and
unsurveyed villages have been declared as “Gram
Sabha” and circulars issued for constitution of
FRCs in such “Gram Sabhas” (a total of 589
habitations, with 1.99 lakh population of which
ST constitutes 92%)
10.
11. Submission of Proposal
by User Agency :
On receipt of a
recommendation of the
proposal by the Gram Sabha,
the User Agency will submit the
proposal to the concerned
Range Forest Officer (RFO) of
the area, along with the
resolution adopted by the
Gram Sabha.
12. Inspection & Opinion of Range Forest Officer :
The Range Forest Officer concerned will carry out the
inspection of the proposed area to give his opinion on the
acceptance of the proposal.
The Range Forest Officer concerned will submit the
proposal and his recommendation to the concerned
Divisional Forest Officer in Form-B appended, along with
his site inspection report and his opinion within three
weeks from the date of receipt of complete proposal from
the User Agency.
13. Inspection & Opinion of Divisional Forest Officer :
The Divisional Forest Officer concerned will consider the
proposal, and if he agrees, he will accord his approval and
communicate his decision to the Range Forest Officer
concerned with a copy to the Chairperson of the District Level
Committee, within four weeks from the date of receipt of the
proposal from the Range Forest Officer.
14. Acceptance by Divisional Forest Officer :
The Divisional Forest Officer concerned will consider the proposal,
and if he agrees, he will accord his approval and communicate his
decision to the Range Forest Officer concerned with a copy to the
Chairperson of the District Level Committee, within four weeks from
the date of receipt of the proposal from the Range Forest Officer.
After receipt of the approval from the concerned DFO, the RFO will
demarcate the area of the forest land approved for diversion and
hand over the same to the User Agency under the supervision of
the Gram Sabha.
15. Decision of District Level Committee :
If the DFO concerned does not approve the proposal submitted by
the User Agency through the RFO, he shall forward the proposal to
the District Level Committee for a final decision.
The District Level Committee will meet and take a final decision,
with at least 1/3rd quorum, and convey the decision to the DFO for
implementation and correction of records and map if the proposal
is accepted.